Memo

BILL NUMBER: S5807B

TITLE OF BILL : An act to amend the uniform city court act and the judiciary law, in relation to judges of city courts

This measure is being introduced at the request of the Chief Judge of the State and the Chief Administrative Judge upon the recommendation of the latter's Ad Hoc City Court Advisory Committee. It proposes modifications in many City Court judgeships including, in some instances, conversion of part-time positions to full-time status. It is a follow-up to similar legislation enacted in 1988, 1995, 2001 and 2006.

I. PROPOSAL

For more than 30 years following the State takeover of local court funding (see L. 1976, c. 966; Judiciary Law § 39), the Judiciary and the Legislature have collaborated closely to ensure that the structure and resources of the State's 61 City Courts outside New York City are well-suited to community needs. Every four or five years, this Office, with the assistance of a committee of sitting City Court judges representative of all regions of the State and courts of varying sizes, undertakes a detailed study of City Court operations around the State. This study produces a series of recommendations for reform, which then are passed on to the Legislature for its approval(1).

Originally intended as a means by which to permit the Legislature fairly to determine applications by individual city courts for judgeship upgrades in light of their new status as State courts, this collaboration has grown increasingly more important as the years have gone by and the City Courts have taken on more prominent and more complex roles in the criminal justice system. Today, in 2009, these courts are on the front-line of that system. Along with the Justice Courts, they preside over nearly all preliminary felony proceedings brought outside New York City and oversee the prosecution of most of the region's quality of life offenses. As importantly, City Courts have become a central focus in the State's twin battles against drug crime and family violence. Across the State, many of them have been designated as regional Drug Courts to preside over drug prosecutions commenced both in their respective cities and in surrounding towns and villages, refashioning the paradigm for drug crime adjudication and contributing mightily to significant reductions in recidivism and public expense that judicially-supervised treatment methodologies the hallmark of Drug Courts - can offer. At the same time, some City Courts have been designated as Domestic Violence courts giving them critical responsibility for superintending community response to family violence. Other City Courts have taken on other specialized responsibilities, such as presiding over mental health and teen parts, requiring them to go well beyond the traditional passive roles expected of the local criminal courts.

Notably, what ties all of these assignments together is that each puts the judge in the crucial position of gatekeeper for fragile lives held in the balance. In these specialized courts, people who have committed what typically are low-level offenses appear to be judged, and the court's ability to do this wisely and creatively can often be the difference between a productive, law-abiding life and one marked by greater and more serious crimes.

Even while City Court judges serve these critical roles in the criminal and family justice arenas, they also must oversee all landlord and tenant litigation in their communities, as well as all small claims and commercial claims cases. Moreover, those who are full-time will sometimes be assigned temporarily to service on County or Family Court where caseload conditions in those courts are such that added judicial resources are needed.

In short, more so perhaps than as to any other court in our trial court system, it is vital that City Courts be maintained in a state of maximum preparedness to cope with their caseloads. As it now is six years since the Judiciary last reported on the needs of the City Courts and three years since the last comprehensive legislative action with respect to these courts, we have commissioned another ad hoc advisory committee to study the City Courts and to make recommendations for any needed changes in their structure. This committee has met over the course of the last year and now has filed its report and recommendations with us.

This measure would give effect to these recommendations. They include:

* INCREASE ALLOCATIONS OF FOUR REGULAR PART-TIME JUDGESHIPS AND CONVERT TEN SUCH JUDGESHIPS TO FULL-TIME STATUS : Current law provides for one or more part-time City Court judges in 50 City Courts. See Uniform City Court Act § 2104(c). In some instances, these judges are intended to supplement the work of the full-time City Court judge or judges of the court. In other Courts, where there are no full-time City Court judges, they perform all the judicial work. In all cases, these part-time judges are compensated in accordance with a salary scale first fixed by the Legislature in 1984. Under this scale, as it operates today, part-time judges are compensated for their service in an amount equal to one-quarter or one-half the salary of a full-time judge. See Judiciary Law §221-I. The rate for each position has been fixed in accordance with prevailing views as to the level of regular service that properly can be expected of the judge that fills it (2).

As the Legislature already has recognized, experience has shown that there is frequent need to revise these allocations and, occasionally, to change the status of a City Court judgeship from part-time to full-time. In many instances, changes in local demographics or, more recently, the nature of the court's workload (e.g., its assumption of specialty court responsibilities - responsibilities that magnify its normal workload exponentially) moot the expectations that were the foundation for a City Court's judgeship allocation. In most instances, that allocation was the product of another, past generation, and instituted when caseloads were smaller and local governments had to bear the costs of City Court operations. It does not reflect the reality of those operations in 2009. Accordingly, as we have done in the past, we now propose a slate of judgeship adjustments that will bring the City Courts up to date (see Appendix A for a list). These adjustments include upgrades for selected one-quarter salaried judgeships and conversion of some 10 part-time judgeships to full-time status (3).

* ESTABLISH NEW FULL-TIME JUDGESHIPS : In past submissions of this nature, we have proposed creation of new judgeships for selected City Courts. In some instances, court workloads have been such that upgrades in existing judgeships are neither possible or impractical. Thus, over the years, we've asked the Legislature to establish new judgeships in Syracuse, Albany, Schenectady, Buffalo and Rochester - and the Legislature has complied. In this measure, we do so again, and for the same reason, in the cities of Buffalo, Newburgh, Troy and Yonkers.

* EXPAND RESIDENCY REQUIREMENT : Under present law, the general rule is that each City Court judge must reside in the city in which he or she serves. There are numerous exceptions to this rule, however. In venues where experience has demonstrated that it is difficult to find a sufficient pool of lawyers willing to serve on City Court, the Legislature, with the agreement of local officials, has expanded the residency requirement, typically to permit the judge of a City Court in one of those venues to reside anywhere in the surrounding county. This measure would add to the list of exceptions the City Court of Watervliet. There, local officials have expressed a wish that the residency rule permit any resident of Albany County to be eligible to serve in one of the two judgeships allocated to the Court.

* CHANGE FROM APPOINTIVE TO ELECTIVE STATUS FOR THE APPOINTIVE JUDGESHIPS IN ITHACA AND LOCKPORT : A preponderance of the State's 163 City Court judges are elected. The remainder are appointed by City Mayors. This year, at local request i.e., at the request of the mayor and City Court judges of each affected City - we are asking that two of the existing appointive positions be converted to elective.

II. PROCESS

The Committee's recommendations for City Court judicial personnel reflect not only the Committee's consideration of a series of objective criteria but also a process of statewide consultation with mayors, judges and other stakeholders in the justice system. Among the quantitative factors the Committee considered in determining the proper allocation of City Court judgeships are:

* JUDICIAL RESOURCES - including caseloads per full-time and part-time judge, the proportion of cases (e.g. Drug Court and Domestic Violence Court cases) that are resource intensive, the availability of other judges in the affected City Court and other City Courts in the county, and the need to temporarily assign a locality's City Court judges to serve in the County and Family Courts; and

* FACILITIES - including the suitability and sufficiency of existing courtrooms and other facilities to accommodate the proposed new and expanded judgeships.

As in the early 1980's, 1994, 1998 and 2003, we offer this proposal confident that it will best enable City Courts to continue fulfilling their constitutional mission to provide speedy and efficient justice in urban communities across New York State. Along with members of our Ad Hoc Committee, we urge enactment of this measure and look forward to working with the Legislature to ensure the continued vitality of New York State's local justice system.

This measure will take effect on April 1, 2011. Accordingly, it will have no fiscal impact on the State in FY 2010-11.

LEGISLATIVE HISTORY :

None. New proposal.

FOOTNOTES : (1) As noted, the Legislature has approved these submissions in the past. In 1984, it approved a uniform salary structure for part-time City Court judges. L. 1984, c. 986. In 1988, it approved a series of recommendations including elimination of local city court acts in favor of a single enabling court statute in the Uniform City Court Act, institution of a uniform $15,000 jurisdictional ceiling, merger of multiple courts into a single court in those cities having bifurcated or trifurcated court structures, creation of some new full-time judgeships, conversion of some part-time judgeships to full-time status and upgrades in the status of other part-time judgeships. L. 1988, c. 397. In 1995, the Legislature again approved recommendations calling for creation of new judgeships and conversion and upgrading of others. L. 1995, c. 463. In 1998 and 1999, the Legislature approved another recommendation - this one calling for amendment of section 26 of Article VI of the State Constitution to permit full-time City Court judges to be assigned to temporary service on County and Family Courts. In 2001, the Legislature approved another package of recommendations calling for creation of new judgeships and conversion and upgrading of others. L. 2001, c. 584. All of these recommendations were the product of ad hoc committees of City Court judges assembled by the Judiciary in the early-1980's, 1994, 1998 and 2003, respectively. Most recently, the Legislature approved recommendations yielding creation of further new judgeships and conversion and upgrading of many others - including elimination of the position of Acting City Court Judge.

(2) This salary range is between $27,200 and $54,400. While there is no specific statutory direction that the actual amount of service given by each judge, as a percentage of his or her work week, correspond to the fraction of full-time service represented by his or her compensation, it has informally been the administrative practice over the years to expect that that be so.

(3) Persons holding the office of full-time City Court judge are not permitted to practice law. Note that, prior to filing this measure with the Legislature, all proposed changes in judgeships were shared with all City Mayors and City Court judges across the State. All changes are submitted with the approval of the Mayors and judges of each city affected.

APPENDIX A TABLE OF CHANGES City Present Proposed Allocation Allocation When Change Effective

Albany 4FT 5FT 4/1/11 1PT(1/2)

Amsterdam 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Auburn 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Batavia 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Beacon 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Binghamton 2FT 2FT NO CHANGE 1PT(1/2) 1PT(1/2)

Buffalo 13FT 14FT 1/1/12

Canandaigua 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Cohoes 2PT(1/2) 2PT(1/2) NO CHANGE

Corning 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Cortland 1FT 1FT 4/1/11 1PT(1/4) 1PT(1/2)

Dunkirk 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Elmira 2FT 2FT NO CHANGE

Fulton 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Geneva 1PT(1/2) 1PT(1/2) NO CHANGE 2PT(1/4) 2PT(1/4)

Glen Cove 2PT(1/2) 2PT(1/2) NO CHANGE

Glens Falls 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Gloversville 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Hornell 1PT(1/2) 1PT(1/2) NO CHANGE 1PT(1/4) 1PT(1/4)

Hudson 1PT(1/2) 1PT(1/2) NO CHANGE 1PT(1/4) 1PT(1/4)

Ithaca 1FT 2FT 4/1/11 1PT(1/2)

Jamestown 1FT 2FT 4/1/11 1PT(1/2)

Johnstown 1PT(1/2) 1PT(1/2) NO CHANGE 1PT(1/4) 1PT(1/4)

Kingston 1FT 1FT NO CHANGE 1PT(1/2) 1PT(1/2)

Lackawanna 1FT 1FT NO CHANGE 1PT(1/2) 1PT(1/2)

Little Falls 2PT(1/4) 2PT(1/4) NO CHANGE

Lockport 1FT 2FT 4/1/11 1PT(1/2)

Long Beach 2FT 2FT NO CHANGE

Mechanicville 2PT(1/4) 2PT(1/4) NO CHANGE

Middletown 1FT 2FT 4/1/11 1PT(1/2)

Mt. Vernon 3FT 3FT NO CHANGE 1PT(1/2) 1PT(1/2)

Newburgh 2FT 3FT 1/1/12

New Rochelle 2FT 3FT 4/1/11 1PT(1/2)

Niagara Falls 4FT 4FT NO CHANGE

N. Tonawanda 1FT 1FT NO CHANGE 1PT(1/2) 1PT(1/2)

Norwich 1PT(1/2) 1FT 4/1/11 1PT(1/4) 1PT(1/4)

Ogdensburg 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Olean 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Oneida 1PT(1/2) 1FT 4/1/11 1PT(1/4) 1PT(1/4)

Oneonta 1PT(1/2) 1PT(1/2) NO CHANGE 1PT(1/4) 1PT(1/4)

Oswego 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Peekskill 1FT 1FT NO CHANGE 1PT(1/2) 1PT(1/2)

Plattsburgh 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Port Jervis 1PT(1/2) 1PT (1/2 4/1/11 1PT(1/4) 1PT(1/2)

Poughkeepsie 2FT 2FT NO CHANGE

Rensselaer 1PT(1/2) 1PT(1/2) NO CHANGE 1PT(1/4) 1PT(1/4)

Rochester 9FT 9FT NO CHANGE

Rome 1FT 2FT 4/1/11 1PT(1/4)

Rye 1FT 1FT 4/1/11 1PT(1/4) 1PT(1/2)

Salamanca 2PT(1/4) 1PT(1/2) 4/1/11 1PT(1/4)

Saratoga 1FT 2FT 4/1/11 Springs 1PT(1/2)

Schenectady 3FT 3FT NO CHANGE

Sherrill 1PT(1/4) 1PT(1/4) NO CHANGE

Syracuse 8FT 8FT NO CHANGE

Tonawanda 1FT 1FT NO CHANGE 1PT(1/2) 1PT(1/2)

Troy 1FT 2FT 1/1/12 1PT(3/4) 1PT(3/4)

Utica 3FT 3FT NO CHANGE Watertown 1FT 1FT NO CHANGE 1PT(1/4) 1PT(1/4)

Watervliet 1PT(1/2) 2PT(1/2) 4/1/11 1PT(1/4)

White Plains 3FT 4FT 4/1/11 1PT(1/2) 1PT(1/2)

Yonkers 6FT 7FT 1/1/12

Text

STATE OF NEW YORK
________________________________________________________________________
5807--B
2009-2010 Regular Sessions
IN SENATE
June 5, 2009
___________

Introduced by Sens. SAMPSON, BONACIC, BRESLIN, DIAZ, FARLEY, GRIFFO,
KLEIN, LARKIN, MAZIARZ, McDONALD, ONORATO, SAVINO, SCHNEIDERMAN,
STACHOWSKI, VALESKY, WINNER, YOUNG -- (at request of the Office of
Court Administration) -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Judiciary in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the uniform city court act and the judiciary law, in
relation to judges of city courts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (b) of section 2104 of the
uniform city court act, as amended by chapter 493 of the laws of 2006,
is amended to read as follows:
(1) be an attorney admitted to practice law in this state for at least
five years as of the date he or she commences the duties of office, and
be a resident of the city in which he or she is elected or appointed,
except that the judges of the Sherrill city court may reside anywhere in
either Oneida or Madison counties, the city court judge who serves in
the office that formerly was that of acting judge of the Oneida city
court may reside anywhere in Madison county, the judges of the Peekskill
city court may reside anywhere in Westchester county, the city court
judge who serves in the office that formerly was that of acting judge of
the Port Jervis city court may reside anywhere in either Sullivan or
Orange counties, the judges of the Hudson city court may reside anywhere
in Columbia county, the city court judge who serves in the office that
formerly was that of acting judge of the Mechanicville city court may
reside anywhere in Saratoga county, the judges of the Ogdensburg city

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14196-05-0

S. 5807--B 2

court may reside anywhere in St. Lawrence county, the judges of the
Rensselaer city court may reside anywhere in Rensselaer county and one
judge of the Cohoes city court AND THE CITY COURT JUDGE WHO SERVES IN
THE OFFICE THAT FORMERLY WAS THAT OF ACTING JUDGE OF THE WATERVLIET CITY
COURT may reside anywhere in Albany county.
S 2. Subdivision (d) of section 2104 of the uniform city court act, as
amended by chapter 493 of the laws of 2006, is amended to read as
follows:
(d) The number of judges of the city court in each city shall be as
provided herein. Full-time judgeships are specifically so designated,
all others are part-time:
Par. Name of city
1 Albany, [four] FIVE full-time [and one part-time];
2 Amsterdam, one full-time and one part-time;
3 Auburn, one full-time and one part-time;
4 Batavia, one full-time and one part-time;
5 Beacon, one full-time and one part-time;
6 Binghamton, two full-time and one part-time;
7 Buffalo, [thirteen] FOURTEEN full-time;
8 Canandaigua, one full-time and one part-time;
9 Cohoes, two;
10 Corning, one full-time and one part-time;
11 Cortland, one full-time and one part-time;
12 Dunkirk, one full-time and one part-time;
13 Elmira, two full-time;
14 Fulton, one full-time and one part-time;
15 Geneva, three;
16 Glen Cove, two;
17 Glens Falls, one full-time and one part-time;
18 Gloversville, one full-time and one part-time;
19 Hornell, two;
20 Hudson, two;
21 Ithaca, [one] TWO full-time [and one part-time];
22 Jamestown, [one] TWO full-time [and one part-time];
23 Johnstown, two;
24 Kingston, one full-time and one part-time;
25 Lackawanna, one full-time and one part-time;
26 Little Falls, two;
27 Lockport, [one] TWO full-time [and one part-time];
28 Long Beach, two full-time;
29 Mechanicville, two;
30 Middletown, [one] TWO full-time [and one part-time];
31 Mount Vernon, three full-time and one part-time;
32 Newburgh, [two] THREE full-time;
33 New Rochelle, [two] THREE full-time [and one part-time];
34 Niagara Falls, four full-time;
35 North Tonawanda, one full-time and one part-time;
36 Norwich, [two] ONE FULL-TIME AND ONE PART-TIME;
37 Ogdensburg, one full-time and one part-time;
38 Olean, one full-time and one part-time;
39 Oneida, [two] ONE FULL-TIME AND ONE PART-TIME;
40 Oneonta, two;
41 Oswego, one full-time and one part-time;
42 Peekskill, one full-time and one part-time;
43 Plattsburgh, one full-time and one part-time;
44 Port Jervis, two;

S. 5807--B 3

45 Poughkeepsie, two full-time;
46 Rensselaer, two;
47 Rochester, nine full-time;
48 Rome, [one] TWO full-time [and one part-time];
49 Rye, one full-time and one part-time;
50 Salamanca, two;
51 Saratoga Springs, [one] TWO full-time [and one part-time];
52 Schenectady, three full-time;
53 Sherrill, one;
54 Syracuse, eight full-time;
55 Tonawanda, one full-time and one part-time;
56 Troy, [one] TWO full-time and one part-time;
57 Utica, three full-time;
58 Watertown, one full-time and one part-time;
59 Watervliet, two;
60 White Plains, [three] FOUR full-time [and one part-time];
61 Yonkers, [six] SEVEN full-time.
S 3. Subparagraph (i) of paragraph 1 of subdivision (e) of section
2104 of the uniform city court act, as amended by chapter 493 of the
laws of 2006, is amended to read as follows:
(i) by the mayor of the city for which the court on which he or she
will serve has been established, with the advice and consent of the city
council: part-time city court judge of Beacon, part-time city court
judge of Corning, part-time city court judge of Cortland, part-time city
court judge of Gloversville, city court judge of Glen Cove who serves in
the office that on June first, two thousand one was an appointive office
pursuant to this subparagraph, [part-time city court judge of Ithaca,
part-time] city court judge of Jamestown WHO SERVES IN THE OFFICE THAT
ON JANUARY FIRST, TWO THOUSAND TEN WAS AN APPOINTIVE OFFICE PURSUANT TO
THIS SUBPARAGRAPH, part-time city court judge of Olean, city court judg-
es of Plattsburgh, city court judge of Port Jervis who serves in the
office that formerly was that of acting city court judge of Port Jervis,
city court judges of Rye, city court judge of Salamanca who serves in
the office that formerly was that of acting city court judge of Salaman-
ca and the part-time city court judge of Watertown.
S 4. The opening paragraph of subparagraph (iii) of paragraph 1 of
subdivision (e) of section 2104 of the uniform city court act, as
amended by chapter 493 of the laws of 2006, is amended to read as
follows:
by the mayor of the city for which the court on which he or she will
serve has been established: part-time city court judge of Binghamton,
city court judges of Cohoes, part-time city court judge of Dunkirk,
part-time city court judge of Fulton, city court judge of Geneva who
serves in the office that formerly was that of acting city court judge
of Geneva, city court judge of Hornell who serves in the office that
formerly was that of acting city court judge of Hornell, city court
judge of Hudson who serves in the office that formerly was that of
acting city court judge of Hudson, part-time city court judge of King-
ston, part-time city court judge of Lackawanna, city court judge of
Little Falls who serves in the office that formerly was that of acting
CITY court judge of Little Falls, [part-time city court judge of Lock-
port,] city court judge of Mechanicville who serves in the office that
formerly was that of acting city court judge of Mechanicville, [part-
time] city court judge of Middletown WHO SERVES IN THE OFFICE THAT ON
JANUARY FIRST, TWO THOUSAND TEN WAS PART-TIME, part-time city court
judge of Mount Vernon, [part-time] city court [judge] JUDGES of New

S. 5807--B 4

Rochelle [and full-time city court judge of such city who serves in the
office created during the calendar year commencing January first, two
thousand one] WHO SERVE IN OFFICES THAT ON JANUARY FIRST, TWO THOUSAND
TEN WERE APPOINTIVE OFFICES PURSUANT TO THIS SUBPARAGRAPH, part-time
city court judge of North Tonawanda, part-time city court judge of
Ogdensburg, city court judge of Oneida who serves in the office that
[formerly was that of acting city court judge of Oneida] ON JANUARY
FIRST, TWO THOUSAND TEN WAS AN APPOINTIVE OFFICE PURSUANT TO THIS
SUBPARAGRAPH, city court judge of Oneonta who serves in the office that
formerly was that of acting city court judge of Oneonta, part-time city
court judge of Oswego, city court judges of Poughkeepsie, city court
judge of Rensselaer who serves in the office that formerly was that of
acting city court judge of Rensselaer, [part-time] city court judge of
Saratoga Springs WHO SERVES IN THE OFFICE THAT ON JANUARY FIRST, TWO
THOUSAND TEN WAS AN APPOINTIVE OFFICE PURSUANT TO THIS SUBPARAGRAPH,
part-time city court judge of Tonawanda and city court judge of Waterv-
liet who serves in the office that formerly was that of acting city
court judge of Watervliet. Provided, however, the following special
provisions shall be applicable in the city of Poughkeepsie:
S 5. Section 221-i of the judiciary law, as amended by chapter 493 of
the laws of 2006, is amended to read as follows:
S 221-i. Salary of judges of the city courts outside the city of New
York. The annual salary of each judge of a city court outside the city
of New York shall be as follows (where this section provides different
salaries for judicial positions on the same court having the same title,
the greater salary shall be paid the person holding the position paid
the greater salary on the day immediately preceding the day on which
such salaries took effect):
City Title
Albany City Court Judge (FT) 113,900
[Albany City Court Judge 54,400]
Amsterdam City Court Judge (FT) 108,800
Amsterdam City Court Judge 27,200
Auburn City Court Judge (FT) 108,800
Auburn City Court Judge 27,200
Batavia City Court Judge (FT) 108,800
Batavia City Court Judge 27,200
Beacon City Court Judge (FT) 108,800
Beacon City Court Judge 27,200
Binghamton City Court Judge (FT) 108,800
Binghamton City Court Judge 54,400
Buffalo Chief Judge (FT) 115,100
Buffalo City Court Judge (FT) 113,900
Canandaigua City Court Judge (FT) 108,800
Canandaigua City Court Judge 27,200
Cohoes City Court Judge 54,400
Corning City Court Judge (FT) 108,800
Corning City Court Judge 27,200
Cortland City Court Judge (FT) 108,800
Cortland City Court Judge [27,200] 54,400
Dunkirk City Court Judge (FT) 108,800
Dunkirk City Court Judge 27,200
Elmira City Court Judge (FT) 108,800
Fulton City Court Judge (FT) 108,800

[Port Jervis City Court Judge 27,200]
Rensselaer City Court Judge 54,400
Rensselaer City Court Judge 27,200
Rochester Chief Judge (FT) 115,100
Rochester City Court Judge (FT) 113,900
Rome City Court Judge (FT) 113,900
[Rome City Court Judge 54,400]
Rye City Court Judge (FT) 108,800
Rye City Court Judge [27,200] 54,400
Salamanca City Court Judge 54,400
SALAMANCA CITY COURT JUDGE 27,200
Saratoga Springs City Court Judge (FT) 108,800
[Saratoga Springs City Court Judge 54,400]
Schenectady City Court Judge (FT) 108,800
Sherrill City Court Judge 27,200
Syracuse Chief Judge (FT) 115,100
Syracuse City Court Judge (FT) 113,900
Tonawanda City Court Judge (FT) 108,800
Tonawanda City Court Judge 54,400
Troy City Court Judge (FT) 113,900
Troy City Court Judge 81,600
Utica Chief Judge (FT) 115,100
Utica City Court Judge (FT) 113,900
Watertown City Court Judge (FT) 108,800
Watertown City Court Judge 27,200
Watervliet City Court Judge 54,400
[Watervliet City Court Judge 27,200]
White Plains City Court Judge (FT) 116,800
[White Plains City Court Judge 54,400]
Yonkers Chief Judge (FT) 119,500
Yonkers City Court Judge (FT) 118,300
S 6. Transition. Notwithstanding any other provision of law, for
purposes of this act:
(a) On the effective date of this section:
(i) each of the following part-time judgeships shall be abolished and
replaced by a full-time judgeship: the part-time city court judge of
Albany, the part-time city court judge of Ithaca, the part-time city
court judge of Jamestown, the part-time city court judge of Lockport,
the part-time city judge of Middletown, the part-time city court judge
of New Rochelle, the part-time city court judge of Norwich whose office
is paid the greater compensation on such date, the part-time city court
judge of Oneida whose office is paid the greater compensation on such
date, the part-time city court judge of Rome, the part-time city court
judge of Saratoga Springs and the part-time city court judge of White
Plains. Each person in a judgeship abolished by this subdivision shall
continue in service in the full-time judgeship that replaces such abol-
ished judgeship hereunder for the remainder of the term of office to
which he or she was selected in such abolished judgeship; and
(ii) the office of the part-time city court judge of Salamanca senior
in service on such date shall receive the increase in compensation
provided in section 221-i of the judiciary law as amended by section
five of this act.
(b) The new offices of full-time city court judge in the cities of
Buffalo, Newburgh, Troy and Yonkers, respectively, shall first be filled
by election at the next general election at which they can be filled for
a full term to commence January first next thereafter.

S. 5807--B 7

(c) Notwithstanding any other provision of this act, upon the aboli-
tion of the office of part-time city court judge in the city of Lock-
port, pursuant to paragraph (i) of subdivision (a) of this section, the
office of full-time judgeship that replaces such part-time judgeship
shall be elective except that, when such full-time judgeship is first
filled for a full term, on or after the effective date of this section,
it shall be filled by appointment by the mayor of the city of Lockport
for a term that will end on the thirty-first of December next succeeding
ten years from the date such term shall commence; provided, however, if
a vacancy shall occur during such term, the office shall be filled in
the manner provided by subparagraph (i) of paragraph two of subdivision
(e) of section two thousand one hundred four of the uniform city court
act.
S 7. (a) In the event that the compensation to be paid a judge of a
city court, as prescribed by this act or any other provision of law, is
lower than the compensation being paid such judge immediately prior to
the effective date of this section, such judge shall, for as long as he
or she holds the office in which he or she is serving on such effective
date, receive such higher compensation (plus any increases thereto as
shall thereafter be provided by law).
(b) Notwithstanding any provision of this act, this act shall not
extend or diminish any term of judicial office commenced prior to the
effective date of this section.
S 8. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however, that no
changes in the number or compensation of judges, as provided in sections
two and five of this act, may take effect in a city in which a full-time
judgeship replaces a part-time judgeship pursuant to this act until
authorized under section six of this act.

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